#Fintech Lawyer in France

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Contents
ServiceDescriptionWhen we act
📜 Regulatory complianceHelps fintech companies comply with the rules of the AMF (French Financial Markets Authority), the ACPR (French Prudential Supervision and Resolution Authority) and PSD2.- Launching new fintech activities
- GDPR compliance and data protection
- Payment transaction security
💰 Structuring fundraisingAdvice on obtaining and structuring financing through venture capital, crowdfunding, public offers of crypto-assets and more.- Financing needs for growth
- Organising legally sound fundraising rounds
- Compliant financing and investment structures
🔐 Data protectionSetting up privacy policies and managing cybersecurity, in line with the GDPR.- Collecting and managing customer data
- Handling security incidents
- Drawing up data protection policies
🤝 Negotiating financial contractsDrafting and negotiating contracts to make partnerships and financial transactions legally sound.- Strategic partnerships
- Drafting contracts for financial services
- Protecting transactions
💼 Tax law adviceTax optimisation for fintech companies, taking into account the regimes specific to financial services.- Optimising the tax burden
- Managing VAT and other specific taxes
- Applying tax regimes suited to fintech activities
🔍 Support during auditsPreparing and managing compliance and security audits to strengthen the transparency and reliability of operations.- Preparing for compliance audits
- Analysing system security
- Legal audit of fundraising transactions
🌐 Support for app launchesAdvice on launching payment apps and financial services in line with European standards.- Developing payment platforms
- Transaction security
- PSD2 compliance
💻 Designing smart contractsLegal framework for blockchain smart contracts used to automate financial transactions.- Building blockchain-based solutions
- Drafting specific clauses
- Protecting automated transactions

Hashtag Avocats offers comprehensive legal assistance to fintech companies, with services covering fundraising, regulatory compliance, data protection, financial contract law and tax law. If you are developing online payment solutions, digital lending platforms or portfolio management apps, our team stands by you on your innovation, start-up and growth projects. Find out how our experience in fintech law can help you succeed in a complex sector that keeps changing.

What is a fintech?

The term fintech, a contraction of “finance” and “technology”, refers to innovative companies that use advanced technologies to improve traditional financial services or to introduce new business models in this sector. Fintech companies operate in a wide range of fields, from savings and automated investment to cash management for businesses, payment services and peer-to-peer lending.

Fintech companies stand out for an agility and speed of innovation that let them meet modern consumers’ expectations of convenience, speed and transparency. Unlike traditional banks, often seen as rigid, fintech companies take technology-driven approaches that aim to cut costs and make financial services more efficient. The rise of fintech has transformed the financial sector and led regulators to adapt the rules to protect users and markets.

When do you need a fintech lawyer in France?

Financial technology companies operate in a complex and risky regulatory framework that calls for legal support to anticipate and manage legal, tax and compliance issues.

Regulatory compliance

Fintech companies must navigate a demanding compliance environment that includes the rules of the AMF (Autorité des marchés financiers), the ACPR (Autorité de contrôle prudentiel et de résolution) and European directives such as PSD2 for payment services. Our firm assists you in bringing your company into compliance to reduce the risk of breaches.

Structuring fundraising

Raising finance is necessary for fintech growth. We assist you in structuring your fundraising, whether through venture capital, crowdfunding, a public offer of crypto-assets (formerly called an ICO, now governed by the MiCA Regulation) or other innovative financing methods.

Data protection and cybersecurity

The confidentiality and security of customer data are paramount in the fintech sector. We help you put in place policies that meet the requirements of the GDPR (General Data Protection Regulation) and handle security incidents while minimising the legal impact.

Negotiating financial contracts

Drafting and negotiating financial contracts for partnerships, investment agreements or payment services calls for rigorous legal precision. Our firm drafts contracts that protect your interests and include the essential clauses to protect your transactions.

Tax law advice

Because of their nature and business model, fintech companies often face complex tax questions. We help you structure your tax position, taking into account the regimes specific to financial services, in compliance with tax law.

How can a fintech lawyer assist you?

Support from a fintech lawyer is essential to help you navigate regulatory constraints, compliance requirements and legislative changes. Here is how Hashtag Avocats can support you at each stage of your business journey:

Regulatory compliance support and strategic advice

As regulation keeps changing, our lawyers monitor legal developments to help you stay compliant over time. They also advise you on strategic choices to optimise your business model within the legal framework.

Support in structuring financial transactions

If you are preparing a fundraising round, a public offer of crypto-assets or international expansion, we guide you in structuring your financial transactions in line with the laws in force.

Managing personal data and cybersecurity risks

In a sector where data is a key resource, compliance with the GDPR and security standards is paramount. Our lawyers assist you in drawing up rigorous security and privacy policies and support you in the event of a data leak or incident to limit the legal consequences.

Tax advice to optimise your company’s performance

Our tax lawyers help you understand and apply the tax rules specific to the financial sector, in particular VAT, corporate income tax and tax regimes suited to fintech activities.

Which regulations apply to fintech companies in France?

The fintech industry is shaped by legislation at both European and national level. Key regulations include Directive (EU) 2015/2366 on payment services (PSD2), which sets strict rules for online payment services and strengthens transaction security, and the General Data Protection Regulation (GDPR), which applies to any business that processes personal data. In France, the AMF and the ACPR play a key role in supervising fintech activities.

The competent authority depends on the activity carried out. A payment institution must obtain authorisation (a payment institution licence) from the ACPR before providing payment services (Article L. 522-6 of the French Monetary and Financial Code (Code monétaire et financier) (in French)). A crypto-asset service provider (CASP) files its application for authorisation with the AMF, in accordance with Regulation (EU) 2023/1114, known as MiCA (Article L. 54-10-7 of the same code (in French)).

What the firm does for fintech projects

Our services meet the specific needs of fintech companies in a fast-changing environment.

  • Support in setting up crowdfunding platforms: our lawyers help businesses structure crowdfunding platforms legally in compliance with French and European law, in particular Regulation (EU) 2020/1503 on European crowdfunding service providers, especially with regard to investor protection.
  • Advice on launching a payment app: when a fintech wants to launch a payment app, we act to ensure compliance with PSD2 standards, making sure that users’ sensitive data are protected and transactions are secure.
  • Assistance with public offers of crypto-assets: since the MiCA Regulation became applicable, a public offer of crypto-assets (formerly called an ICO) is governed by Title II of that regulation and notified to the AMF. We help structure these transactions, ensuring that transparency and compliance obligations are met.
  • Designing smart contracts: for businesses using blockchain, creating smart contracts requires a detailed understanding of both the technical and the legal aspects. Our lawyers draft and adapt the clauses to protect transactions.

Contact Hashtag Avocats about your fintech project

At Hashtag Avocats, we know the constraints specific to fintech companies. Our banking and finance lawyers assist you with personalised follow-up to strengthen the security and compliance of your projects. Whether you are a fast-growing start-up or a well-established financial technology company, we offer pragmatic legal solutions aligned with your objectives.

Contact our firm on 01 85 73 56 66 or visit our offices at 51 Av. Franklin Delano Roosevelt, 75008 Paris to discuss your project. Our fintech lawyers are available to define with you the legal strategy suited to your business.

Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.

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Our team

A team of committed lawyers

Our team is made up of passionate, dedicated professionals, each focused on their own field. From intellectual property and digital law to business law and tax.

IP/IT

maitre arnaud touati

Lead lawyer

Partner and co-founder

Arnaud, partner and co-founder of Hashtag Avocats, heads the IP-IT contracts practice.

His practice covers entrepreneurship, digital law, personal data law and Web3 law.

Before founding Hashtag Avocats in 2015, Arnaud practised business law at many Anglo-American law firms in Paris and at major investment banks, as well as within mid-sized organisations. His passion for technology naturally led him to found Hashtag Avocats with Harry Allouche, with the aim of developing a practice dedicated to artificial intelligence, data protection (GDPR, ethics) and above all blockchain (ICO/STO, NFT, Web 3.0).

Arnaud is also a member of the Paris Bar incubator. He teaches at the Paris Bar school (École de Formation du Barreau) and at several well-known business schools. He also takes part in many workshops and events within the start-up ecosystem.

Elise hausherr

# Elise Hausherr

Associate lawyer in the IP-IT contracts practice

Elise practises as an associate lawyer in the IP-IT contracts practice.

Her practice covers personal data law, digital law and Web3 law.

Elise trained in both business law and at a business school. Before joining Hashtag Avocats in 2021, Elise gained eight years of experience at a large technology consulting firm. During that time, she led complex transformation projects for large French and international companies in the industrial sector. Today, she assists clients by resolving their legal issues while bringing her operational experience. Since joining the firm, Elise has developed the Fintech/Blockchain/NFT and GDPR practices. She has also set up internal tools to improve the firm’s processes.

Nathan benzacken

# Nathan Benzacken

Lawyer in intellectual property and digital law

Nathan practises as an associate lawyer in the IP-IT contracts practice.

His practice covers digital law and intellectual property. He built his experience in in-house legal departments, notably in the audiovisual and film sectors, and at law firms handling copyright, trade mark law, consumer law, personal data law and press law.

With a strong interest in the constant changes and ever-renewed challenges of the digital world, Nathan has, since joining the firm, broadened his skills to include crypto-asset and blockchain law.

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The data above is collected by the law firm HASHTAG AVOCATS in order to process and follow up on your contact request. To find out more about how your personal data is managed and how to exercise your rights, please refer to our privacy policy.